IGP E-Discovery & Litigation Management 1 — Questions and Answers
Question 1: What does the acronym EDRM stand for in the context of electronic discovery?
- Electronic Data Retention Model
- Electronic Discovery Reference Model (Correct answer)
- Enterprise Data Recovery Method
- Electronic Document Review Management
Correct answer: Electronic Discovery Reference Model
EDRM stands for Electronic Discovery Reference Model, a widely adopted framework that describes the stages of the e-discovery process from information governance through presentation.
Question 2: What is the primary trigger for issuing a litigation hold?
- Filing of a formal lawsuit only
- Reasonable anticipation of litigation or regulatory investigation (Correct answer)
- Receipt of a subpoena from a court
- Approval of the legal budget for discovery
Correct answer: Reasonable anticipation of litigation or regulatory investigation
A litigation hold must be issued when litigation is reasonably anticipated, which can occur before a lawsuit is formally filed, such as when a demand letter is received.
Question 3: Which term describes Electronically Stored Information as defined under the Federal Rules of Civil Procedure?
- Any information stored on paper or electronic media
- Information created, stored, or transmitted in electronic form that may be subject to discovery (Correct answer)
- Only structured data held in enterprise databases
- Email messages archived by a third-party provider
Correct answer: Information created, stored, or transmitted in electronic form that may be subject to discovery
ESI under the FRCP broadly includes any information created, stored, or transmitted in electronic form, encompassing emails, documents, databases, voicemails, and metadata.
Question 4: Spoliation of evidence in e-discovery refers to:
- The deliberate encryption of records to prevent unauthorized access
- The destruction, alteration, or failure to preserve evidence that should have been retained (Correct answer)
- The process of converting paper documents to electronic format
- The practice of redacting privileged information before production
Correct answer: The destruction, alteration, or failure to preserve evidence that should have been retained
Spoliation is the destruction, alteration, or failure to preserve evidence once a preservation obligation has attached, and can result in court sanctions including adverse inference instructions.
Question 5: Under FRCP Rule 26(f), parties involved in litigation are required to:
- Submit all ESI to the court within 30 days of the complaint
- Meet and confer to discuss discovery issues including ESI scope and format (Correct answer)
- Retain a certified e-discovery vendor before depositions begin
- Produce all documents in native format without exception
Correct answer: Meet and confer to discuss discovery issues including ESI scope and format
FRCP Rule 26(f) requires parties to meet and confer early in the litigation to discuss the nature of claims, preservation obligations, and the scope and form of ESI production.
Question 6: In e-discovery terminology, a 'custodian' is best defined as:
- The court-appointed official responsible for maintaining case records
- An individual who has possession, custody, or control over relevant ESI (Correct answer)
- The IT administrator responsible for backup tape management
- A third-party vendor holding data on behalf of an organization
Correct answer: An individual who has possession, custody, or control over relevant ESI
A custodian is an individual who has possession, custody, or control over potentially relevant ESI, and is typically identified for legal hold notices and data collection.
Question 7: Which EDRM stage immediately follows the Identification stage?
- Review
- Collection
- Preservation (Correct answer)
- Processing
Correct answer: Preservation
In the EDRM, Preservation follows Identification; once potentially relevant data sources are identified, they must be preserved to prevent loss or alteration before collection occurs.
IGP E-Discovery & Litigation Management 1
What does the acronym EDRM stand for in the context of electronic discovery?